THE STATEv.DOWNING
Camron Downing was convicted of murder, and the trial court later granted him a new trial after suppressing the murder weapon as the fruit of an unwarned police statement and finding counsel ineffective for failing to establish that connection. The State appealed. The Supreme Court of Georgia held those rulings premature because the trial court had not first determined whether Downing’s statement was voluntary under due-process standards. That finding controls whether the gun could be treated as fruit of the statement and whether counsel’s omission caused prejudice. The Court vacated the new-trial order and remanded for the trial court to make the voluntariness finding and then apply the proper suppression and ineffective-assistance standards.
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